The Canadian Court Hierarchy
Canada has a single court system that handles federal, provincial, and constitutional matters. Appeals run from trial courts up through provincial appellate courts and (with leave) to the Supreme Court of Canada — the apex court for both common-law provinces and Quebec civil law.
Supreme Court of Canada
Final court of appeal for all of Canada — civil, criminal, constitutional. Judges by leave (most cases) or by right (some criminal). Three of nine seats reserved for Quebec by statute.
Federal Court of Appeal
Hears appeals from the Federal Court and from federal administrative tribunals. Jurisdiction defined by federal statute.
Federal Court
National-jurisdiction trial court for federal matters: immigration & refugee, intellectual property, admiralty, federal-Crown litigation, judicial review of federal decisions.
Tax Court of Canada · Court Martial Appeal Court
Specialised federal courts. Tax Court hears tax disputes; Court Martial Appeal Court hears military appeals.
Courts of Appeal (one per province / territory)
Highest court in each province / territory. Hears appeals from provincial superior trial courts and select tribunals. Decisions binding within the province; persuasive elsewhere.
Superior Courts of the Provinces
General-jurisdiction trial courts. Hear serious criminal matters, civil claims above provincial-court limits, family, succession, judicial review of provincial decisions. Section 96 federal appointments.
Provincial Courts (or equivalents)
Statutory courts. Hear summary criminal offences and most indictable offences, family matters, small claims, youth criminal justice. Provincially appointed judges.
Quick rules
- • SCC binds every Canadian court. Including provincial appellate courts.
- • Provincial Courts of Appeal bind only within their province. Decisions of one CA are persuasive elsewhere.
- • Federal Court has no general criminal jurisdiction. Criminal matters go through provincial courts.
- • Quebec''s court system is parallel. The Court of Quebec, Superior Court, and Court of Appeal apply both civil-law and common-law as relevant.
- • Section 96 of the Constitution Act 1867 reserves federal appointment for superior-court judges. Provincial-court judges are provincially appointed.
- • Leave to the SCC is granted in matters of public importance — typically only ~10% of leave applications.